Legal Definitions - instrumentum

Instrumentum is a historical legal term originating from Latin, referring to a formal written document. In historical legal contexts, it often specifically denoted a document that served as evidence or a record of an agreement, transaction, or proceeding, but which might not have been authenticated with a formal seal. This distinction was significant, as documents bearing a seal (like a traditional "deed") typically carried a higher degree of official recognition and legal solemnity.

• Imagine a medieval village where a local lord kept written records of taxes paid by his tenants. These detailed accounts, noting who paid what and when, would be considered instrumenta. They were formal written documents serving as evidence of transactions, but they likely wouldn't have been stamped with a formal wax seal, which was typically reserved for more significant legal instruments like land grants or royal charters.

• Consider a historical scenario where two merchants in the 14th century drew up a written agreement outlining the terms of a trade deal for spices. This document, detailing the quantity, price, and delivery schedule, would be an instrumentum. While it was a binding written record of their understanding, it might not have carried the same formal legal weight or required a physical seal as a royal decree or a deed transferring ownership of a castle.

• During the administration of a large estate in the 17th century, a steward might have created a detailed written inventory of all the property, livestock, and goods belonging to the estate. This comprehensive list, serving as an official record for management and accounting purposes, would be an instrumentum. It was a crucial administrative document, but its authenticity didn't rely on a formal seal, unlike a will or a property conveyance.